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HomeMy WebLinkAboutSanta Clara County 5th Amendment to LiDAR Agreement 03.10.25 Page 1 of 20 Board of Supervisors: Sylvia Arenas, Betty Duong, Otto Lee, Susan Ellenberg and Margaret Abe-Koga County Executive: James R. Williams County of Santa Clara Technology Services and Solutions 180 West Tasman Drive | San Jose, California 95134 | (408) 918-7127 FIFTH AMENDMENT TO AGREEMENT TSS-REV-LIDAR-010 BY and BETWEEN COUNTY OF SANTA CLARA and Town of Los Altos Hills For Imagery and LiDAR Data Acquisition Cost Sharing This is the Fifth Amendment to the Agreement that was entered into by and between the County of Santa Clara (“County”), on behalf of Technology Services and Solutions (“TSS”), a County department, and the Town of Los Altos Hills (“Partner”) for purposes of establishing cost sharing responsibilities for imagery and LiDAR data acquisition. Partner acknowledges that County obtained the imagery and LiDAR data from a third-party (EagleView Technologies, Inc. - “EagleView”). Partner also acknowledges that County previously obtained the imagery and LiDAR data from Sanborn Map Company, Inc. (“Contractor”) subject to the existing rights and obligations between Contractor, County and Partner. Partner further acknowledges that County is passing through rights to all data deliverables, including imagery and LiDAR data and derivative products as stated in this Agreement and its exhibits. This Agreement is amended as follows effective upon execution. 1. KEY PROVISIONS, TOTAL AGREEMENT VALUE, is hereby amended to read: “Not-to-exceed $31,185.01, which represents an increase of $3,596.90 over the prior not-to-exceed of $27,588.11.” 2. KEY PROVISIONS, TERM OF AGREEMENT, is hereby amended to read: “The term shall start on the date contract is fully executed and shall end on December 31, 202 5, unless terminated earlier or otherwise amended.” 3. KEY PROVISIONS, COUNTY POINTS OF CONTACT, is hereby amended to read: COUNTY POINTS OF CONTACT Contract Manager Yoko Myers, IT Manager (408) 315-1yoko.myers@isd.sccgov.org Docusign Envelope ID: 4528A822-B741-4071-A892-7E0BF83A1376Docusign Envelope ID: 314BB1EF-30E2-4303-9342-728468164C8F Page 2 of 20 Board of Supervisors: Sylvia Arenas, Betty Duong, Otto Lee, Susan Ellenberg and Margaret Abe-Koga County Executive: James R. Williams Day-to-Day Contact Rose Campbell, IT Project Manager (669) 609-0511, rose.campbell@isd.sccgov.org Contract Administrator Joseph McGee, IT Vendor Manager (408) 918-7127, joseph.mcgee@isd.sccgov.org Fiscal Contact Accounting, (accountspayable@isd.sccgov.org) 4. Delete EXHIBIT B-4 PRODUCTS AND SERVICES FEE SCHEDULE YEAR 5 and replace with EXHIBIT B-5 PRODUCTS AND SERVICES FEE SCHEDULE YEAR 6. 5. Delete EXHIBIT C-4 STATEMENT OF WORK FOR YEAR 5 and replace with EXHIBIT C-5 STATEMENT OF WORK FOR YEAR 6. 6. Partner shall comply with the EAGLEVIEW LICENSING AGREEMENT FOR OBLIQUE IMAGERY, EAGLEVIEW CLOUD, AND RELATED SOFTWARE (attached as Exhibit F to Agreement CW2256579 between EagleView Technologies, Inc. and the County), which is added to this Agreement as EXHIBIT G and attached hereto and incorporated herein by this reference. All other terms and conditions of the Agreement remain in full force and effect. In the event of a conflict between the original Agreement and this Amendment, this Amendment controls. Prepared and administered by: Joseph McGee, IT Vendor Management (408) 918-7127, joseph.mcgee@isd.sccgov.org The Agreement as amended constitutes the entire agreement of the parties concerning the subject matter herein and supersedes all prior oral and written agreements, representations and understandings concerning such subject matter. By signing below, signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity, that he/she has the authority to bind the entity listed below to contractual obligations and that by his/her signature on this Agreement, the entity on behalf of which he/she acted, executed this Agreement. // // Docusign Envelope ID: 4528A822-B741-4071-A892-7E0BF83A1376Docusign Envelope ID: 314BB1EF-30E2-4303-9342-728468164C8F Page 3 of 20 Board of Supervisors: Sylvia Arenas, Betty Duong, Otto Lee, Susan Ellenberg and Margaret Abe-Koga County Executive: James R. Williams IN WITNESS WHEREOF, the parties have executed this Agreement on the date indicated below. This Agreement is not binding until fully executed by all parties. COUNTY OF SANTA CLARA TOWN OF LOS ALTOS HILLS Director of Procurement Date Peter Pirnejad Date City Manager APPROVED AS TO FORM AND LEGALITY Robert A. Nakamae Date Steven Mattas Date Deputy County Counsel City Attorney APPROVED BY Neelam Saini Date Arika Miller Date Sr. IT Manager City Clerk APPROVED BY Ameen Moslehi Date Acting Chief Information Officer Attachments: Exhibit B-5, Products and Services Fee Schedule Year 6 Exhibit C-5, Statement of Work For Year 6 Exhibit G, EagleView Licensing Agreement for Oblique Imagery, EagleView Cloud, and Related Software Docusign Envelope ID: 4528A822-B741-4071-A892-7E0BF83A1376 3/10/2025 3/10/2025 3/10/2025 3/10/2025 3/11/2025 3/11/2025 Docusign Envelope ID: 314BB1EF-30E2-4303-9342-728468164C8F 4/1/2025 Page 4 of 20 Board of Supervisors: Sylvia Arenas, Betty Duong, Otto Lee, Susan Ellenberg and Margaret Abe-Koga County Executive: James R. Williams EXHIBIT B-5 PRODUCTS AND SERVICES FEE SCHEDULE YEAR 6 The compensation to County for the provision of the Deliverables under this Agreement is detailed in this Exhibit B-5. • Section I – Recurring Costs ▪ Not applicable. There are no recurring costs associated with this Agreement. • Section II – One-Time Costs Item Number Deliverables Deliverable Category Ownership and License 1 Annual Ortho Capture: 3” and 6” Certified Ortho Imagery Ortho County/Partners-owned Public Domain 2 Oblique Images: 3” and 6” Oblique Imagery Oblique Licensed 3 Supplemental Capture: 3” Frequent Ortho Ortho Licensed One-Time Cost Total: $3,596.90 1. County and Partner shall meet or otherwise communicate by August during the term of this Agreement to determine the specifics of the subsequent year’s contract, if any, that may be placed by County on behalf of Partner. Any such subsequent contract will document all Deliverables to be acquired by County and shared with Partner as well as Partner’s total share of fees. 2. County shall invoice Partner for one-time costs upon Partner’s acceptance or first use of Deliverables, whichever comes first. // // // // // // // Docusign Envelope ID: 4528A822-B741-4071-A892-7E0BF83A1376Docusign Envelope ID: 314BB1EF-30E2-4303-9342-728468164C8F Page 5 of 20 Board of Supervisors: Sylvia Arenas, Betty Duong, Otto Lee, Susan Ellenberg and Margaret Abe-Koga County Executive: James R. Williams • Section III – Travel and Related Expenses • Each party shall be solely responsible for its travel and out-of-pocket expenses. • Section IV – Optional Add-On Services • Partner may elect to purchase optional add-on services from EagleView through County during the annual SOW planning phase through the term of the Agreement. • The parties shall amend this Agreement to reflect the optional add-on services and additional fees. // // // // // // // // // // // // // // // // // // Docusign Envelope ID: 4528A822-B741-4071-A892-7E0BF83A1376Docusign Envelope ID: 314BB1EF-30E2-4303-9342-728468164C8F Page 6 of 20 Board of Supervisors: Sylvia Arenas, Betty Duong, Otto Lee, Susan Ellenberg and Margaret Abe-Koga County Executive: James R. Williams EXHIBIT C-5 STATEMENT OF WORK FOR YEAR 6 1. Scope of Work EagleView will provide imagery and data to Santa Clara County CA government. Resulting data may also be utilized by any/all county/local government agencies within Santa Clara County. Milestones EagleView will make reasonable efforts to provide updates on the primary milestones listed below. • Drone Flying • Mosaic Completion/Imagery Restore • Delivery to Vendor • Vendor Processing • QA/QC • Rework • Delivery 1. Required Products To support government agencies when they need imagery for more than visualization, EagleView offers an Orthomosaic with accuracy and clarity to support a wide range of government functions. EagleView has developed and utilizes an innovative workflow encapsulating flight planning, capture, to produce ultra high- resolution mosaics. This allows users to extract measurements that can service as the foundation of various GIS and other applications, including 3-D modeling and change detection. EagleView captures oblique imagery at angles of 40 to 45 degrees from the north, south, east, and west to offer a 360-degree view of every property and parcel. Every pixel in EagleView’s oblique and orthoimagery is georeferenced, giving users the ability to interact with, measure, and extract data from these actionable images. Imagery products in scope listed below. Imagery products further detailed in Section 5, Deliverables and Applicable Specifications. Annual Ortho Capture: 3” and 6” Certified Ortho Imagery Supplemental Ortho Capture: 3” Frequent Ortho Oblique Images: 3” and 6” Oblique Imagery (Annual Capture only) All imagery products include, but are not limited to, data processing, QA/QC, supporting project management and training, as well as Early Access to imagery, access to our viewing application, EagleView Cloud, Integration access and our Disaster Response Program. Docusign Envelope ID: 4528A822-B741-4071-A892-7E0BF83A1376Docusign Envelope ID: 314BB1EF-30E2-4303-9342-728468164C8F Page 7 of 20 Board of Supervisors: Sylvia Arenas, Betty Duong, Otto Lee, Susan Ellenberg and Margaret Abe-Koga County Executive: James R. Williams EagleView Cloud EagleView’s web-based application, EagleView Cloud Explorer, allows users to view, measure, and analyze aerial imagery with precision. It includes various measurement tools and features an intuitive graphical user interface that enables users to easily perform on-screen measurements. Individual measurements can always be removed or edited for improved accuracy. Integrations EagleView has established integrations with major CAD, most major CAMA vendors, and is a Gold Partner of good standing in the Esri Partner Network. EagleView’s CONNECT platform keeps pace with ESRI’s developments, while offering backward compatibility to older applications, databases, and operating systems. Further, our platform provides the public unlimited visualization-only access to EagleView-hosted custom imagery libraries via a web application or server-based integration, such as the Integrated Pictometry Application (IPA). The IPA is a robust integration that allows customers and partners to embed an imagery viewer with EagleView oblique and ortho imagery and tools into their existing public-facing and internal web applications. CONNECT IPA has been integrated into hundreds of CAMA, GIS, and E-911 services across the United States and Canada. In addition, the platform offers robust integration capabilities and offers standard APIs that can be leveraged integrate with Santa Clara County desired current and future software applications. These include but are not limited to ArcGIS products, VertiGIS, and RapidDeploy Early Access We will provide Santa Clara County with an expedited delivery of initial aerial imagery. At no additional cost, you will receive preliminary imagery within 7–14 days post-capture through CONNECT EarlyAccess. With EarlyAccess, authorized users can login to CONNECTExplorer, and access imagery immediately following preliminary processing and quality control checks (but prior to final processing). This imagery will remain available until we deliver final, fully processed imagery. Technical Support & Training At no additional cost, we will provide ongoing technical support and on-location training. Users will learn best practices and how to use and manage our imagery and software within existing workflows. Our training program has increased the use of imagery and software throughout our customers’ organizations. Customer Support – EagleView shall provide customer support, as needed, to those Advanced User participants identified by the County during the initial term of the agreement. Hours of support are 8:30 a.m. to 8:30 p.m. EST Monday through Friday at 1-855-337-1526 or Customersupport@Eagleview.com. Technical Support – As part of our local presence, ongoing technical support onsite can be provided by our Regional Technical Manager who supports the County. Account Support – Arjun Cardoza will be available to the County for account direction and support at (310) 676-8309) and arjun.cardoza@eagleview.com. Docusign Envelope ID: 4528A822-B741-4071-A892-7E0BF83A1376Docusign Envelope ID: 314BB1EF-30E2-4303-9342-728468164C8F Page 8 of 20 Board of Supervisors: Sylvia Arenas, Betty Duong, Otto Lee, Susan Ellenberg and Margaret Abe-Koga County Executive: James R. Williams Disaster Response EagleView customers are eligible for DRP described below from the effective date through the second anniversary of the initial project delivery. Following payment to EagleView of amounts due with respect to each subsequent project, Customer will be eligible for the then-current DRP for a period of two years from delivery of such subsequent project. Customer must be in good standing with EagleView to maintain eligibility for DRP. Subject to EagleView resources availability. A. Disaster Coverage Imagery at No Additional Charge – EagleView will, upon request of Customer and at no additional charge, provide standard quality imagery of up to 200 square miles of affected areas (as determined by EagleView) upon the occurrence of any of the following events during any period Customer is eligible for the DRP: • Hurricane: areas affected by hurricanes of Category II and higher • Tornado: areas affected by tornadoes rated EF4 and higher • Terrorist: areas affected by damage from terrorist attack • Earthquake: areas affected by damage to critical infrastructure resulting from earthquakes measured at 6.0 or higher on the Richter scale • Tsunami: areas affected by damage to critical infrastructure resulting from tsunamis. • Flood: areas affected by flooding that include appraisable structures at a density of 100 structures per sq mi or greater • Wildfire: areas affected by wildfire that include appraisable structures at a density of 100 structures per sq mi or greater B. Discounted Rate – Coverage for areas affected by the events set forth above exceeding 200 square miles will be, subject to EagleView resource availability, offered to Santa Clara County at the then current DRP rates. Also, coverage for areas affected by hurricanes below Category II, tornadoes below EF4 or earthquakes rated below 6.0 on the Richter scale, flooding meeting or exceeding the major flood stage as defined by the National Weather Service published at https://www.weather.gov/lot/hydrology_definitions, wildfires impacting population centers, or other disasters as agreed to between the customer and EagleView will be, subject to EagleView resource availability, offered to Customer at the then current DRP rates. 2. Required Deliverables and Applicable Specifications Annual Ortho Imagery (includes Oblique Imagery) EagleView combines imagery that reveals the finest and most crucial details with computer vision to help identify insights into any location from anywhere. By delivering timely, comprehensive answers to complex questions, we help professionals across various industries improve people’s lives and make informed decisions. EagleView is positioned to supply the County with high-resolution and high accuracy aerial imagery. We will capture, at maximum, 3” GSD on the western side of the County and 6” GSD on the eastern side of the County, as depicted in the Annual Imagery Capture AOI (below). In addition, EagleView uses a proprietary camera system that simultaneously captures oblique and orthophotography, we will provide oblique imagery for the entire extent of this project. Docusign Envelope ID: 4528A822-B741-4071-A892-7E0BF83A1376Docusign Envelope ID: 314BB1EF-30E2-4303-9342-728468164C8F Page 9 of 20 Board of Supervisors: Sylvia Arenas, Betty Duong, Otto Lee, Susan Ellenberg and Margaret Abe-Koga County Executive: James R. Williams Product: 3” and 6” Certified Ortho and Oblique Specifications 3” Ortho Frame Delivery Nominal 2in GSD ortho imagery, Imagery as good as 1.2in and no worse than 3in Orthomosaic Resolution: 3” GSD (Best Available Provided) 6” Ortho Frame Delivery Nominal 6” GSD Ortho Imagery Orthomosaic Resolution: 6” GSD (Best Available Provided) 3” Oblique Imagery Nominal 2.6” GSD oblique imagery ranging from 1.7” to 3.5” GSD oblique imagery. Where available fully automated photogrammetric mosaiced imagery. Imagery may contain seamlines. 6” Oblique Imagery Nominal 6” GSD oblique imagery. Where available fully automated photogrammetric mosaiced imagery. Imagery may contain seamlines. Overlap End Overlap percentage: 60% Side Overlap percentage: 25% Orthomosaic Content Specification s • Seam Artifacts o There will be no obvious seam edges between adjacent orthophotos o Orthomosaic will have edits to eliminate feature misalignment caused by seamlines which pass through features above the elevation surface including roads. Feature alignment across seamlines will be 3px or better. • Building and Bridge Lean o Correction of bridges o Correction of major buildings obstructing roadways *Exceptions are rare but may include random residential structures or extremely large complex industrial structures which don't fit in a single image. The team will do what they can to minimize errors but since the building is so large there may be some areas occluded by other parts of the same structure. • Produced in accordance with USGS and ASPRS standards Metadata and Reporting Metadata: • Metadata generated that meets FGDC Standards, upon request • Shapefile(s) with discrete deliverable boundaries and directional metadata Reporting: • FGDC Compliant metadata • Project report in accordance with state and local requirement Docusign Envelope ID: 4528A822-B741-4071-A892-7E0BF83A1376Docusign Envelope ID: 314BB1EF-30E2-4303-9342-728468164C8F Page 10 of 20 Board of Supervisors: Sylvia Arenas, Betty Duong, Otto Lee, Susan Ellenberg and Margaret Abe-Koga County Executive: James R. Williams Environmental Conditions EagleView will simultaneously capture oblique and ortho imagery in leaf-off conditions when the ground is free of snow; when rivers, streams and holding ponds are free of flooding; with minimal fog or haze; and when the sun angle is 25° or greater or during the most optimal 4-hour window Shadows Shadows shall not obscure any features within the imagery. Any structure, industrial, transportation features, or terrain details must be visible and their edges clearly defined vs surrounding pixel data. Reflection/Glare Reflection from water should be minimized, and no reflections will obscure shoreline detail. Image Blemish, Artifacts, Noise, etc. Imagery should be free of any defects due to hardware or image processing errors. This includes any errors related to hardware failure, data corruption, excessive image compression, or over/under exposure. Radiometry and Color The appearance of the final mosaic represents the color on the ground at the time of capture. Color and radiometry adjustments shall be applied so that imagery from multiple days or captures appears consistent across the mosaic. Product: 3” and 6” Certified Ortho and Oblique Deliverables Orthomosaic Deliverable Format (Online) Access Methods: • Available via web-based viewer (EagleView Cloud) • Also available via WMS/WMTS (Image Service) Orthomosaic Deliverable Format (Physical) Projection/Coordinate System: Customer Selectable Datum: Customer Selectable File Format: Customer Selectable • Mosaic Tiles o Available in JPEG, GeoTiff, JPEG2000, PNG, ECW, MrSID (All Versions) with world file o Includes separate Pictometry Map Image (PMI) trailer file • Project-Wide Mosaic Available in ECW, MrSID (All versions) format Delivery Method: • Microsoft Data Box to County Data Center Docusign Envelope ID: 4528A822-B741-4071-A892-7E0BF83A1376Docusign Envelope ID: 314BB1EF-30E2-4303-9342-728468164C8F Page 11 of 20 Board of Supervisors: Sylvia Arenas, Betty Duong, Otto Lee, Susan Ellenberg and Margaret Abe-Koga County Executive: James R. Williams • (Add-on service) Tiles and project wide mosaic in physical hard drive deliveries Ortho & Oblique Imagery Deliverable Format Access method: Available via web-based viewer (Cloud Explorer), accessible integrations & EagleView API Project Management Deliverables Acquisition related data such as flight plans, flight lines, flight date and schedule and progress reports as well as image footprint polygons. Certified Orthomosaic Deliverables AT and Survey Authoritative reports, FGDC-Compliant Metadata Report. Training & Documentation End-user & advanced training sessions including training documentation for Cloud Explorer and integrations. Docusign Envelope ID: 4528A822-B741-4071-A892-7E0BF83A1376Docusign Envelope ID: 314BB1EF-30E2-4303-9342-728468164C8F Page 12 of 20 Board of Supervisors: Sylvia Arenas, Betty Duong, Otto Lee, Susan Ellenberg and Margaret Abe-Koga County Executive: James R. Williams Annual Imagery Capture AOI Docusign Envelope ID: 4528A822-B741-4071-A892-7E0BF83A1376Docusign Envelope ID: 314BB1EF-30E2-4303-9342-728468164C8F Page 13 of 20 Board of Supervisors: Sylvia Arenas, Betty Duong, Otto Lee, Susan Ellenberg and Margaret Abe-Koga County Executive: James R. Williams 3” Frequent Ortho Imagery The EagleView Cloud – Frequent Ortho product provides access to a cost effective, high resolution orthomosaic imagery, enabling access to a higher frequency of imagery and data refreshes for EagleView Cloud oblique imagery customers. 3” GSD Frequent Ortho Capture Specifications Resolution Final Orthomosaic: 3” (7.5cm) Ground Sample Distance (GSD) Ortho Frame Imagery: 2.0-2.8” GSD Image bands RGB natural color Capture Timing County’s desired capture time is mid-February to mid-April. Capture timing may vary if needed to meet customer needs. Such variations in schedule will only take place after mutual agreement. Minimum Sun Angle >25° or +/- 2 hours from solar noon when sun angle does not reach 25° for at least 4 hours in a day. Areas containing high-rise buildings such as downtown regions as well as any supplemental flight lines for those areas should be captured as close to solar noon as possible to minimize shadows. Cloud cover <5% of the final mosaic area may contain visible clouds. No clouds may be visible in portions of the final mosaic which include supplemental flight lines over tall buildings. Shadows Shadows shall not obscure any features within the imagery. Any structures, industrial, transportation features, or terrain details must be visible and their edges clearly defined vs surrounding pixel data. Smoke/fire <5% of the final mosaic area may contain visible smoke. Persistent smoke, such as from a factory or powerplant is acceptable. Snow/ice cover < 10% of the final mosaic area may contain visible snow or ice. If present, the rooftops and walls of structures and any transportation features must be visible. Snow associated with recreational facilities such as ski resorts and ice-skating rinks is acceptable. Flooding/standing water Flooding or standing water may be visible in imagery so long as no housing, industrial, or transportation features are impacted. Reflection/Glare Reflection from water should be minimized, and no reflections will obscure shoreline detail. Image Blemish, Artifacts, Noise, etc. Imagery should be free of any defects due to hardware or image processing errors. This includes any errors related to hardware failure, data corruption, excessive image compression, or over/under exposure. Radiometry and Color The appearance of the final mosaic represents the color on the ground at the time of capture. Color and radiometry adjustments shall be applied so that imagery from multiple days or captures appears consistent across the mosaic. Docusign Envelope ID: 4528A822-B741-4071-A892-7E0BF83A1376Docusign Envelope ID: 314BB1EF-30E2-4303-9342-728468164C8F Page 14 of 20 Board of Supervisors: Sylvia Arenas, Betty Duong, Otto Lee, Susan Ellenberg and Margaret Abe-Koga County Executive: James R. Williams Building lean Supplemental flight lines be added as required to minimize building lean, no building shall obscure the transportation features within the imagery due to lean. Orthomosaic Content Specification s (AOI) • Typical Positional Horizontal Accuracy: 1m at a 95% confidence level • Fully automated photogrammetric orthomosaic. Imagery may contain seamlines. Project-wide color and contrast balancing Metadata and Reporting Metadata: • Metadata generated that meets FGDC Standards, upon request Shapefile(s) with discrete deliverable boundaries and directional metadata 3” GSD Frequent Ortho Capture Deliverables Orthomosaic Deliverable Format (Online) Access Methods: • Available via web-based viewer (EagleView Cloud) Also available via WMS/WMTS (Image Service) Ortho Imagery Deliverable Format Access method: Available via web-based viewer (Cloud Explorer), accessible integrations & EagleView API Delivery Timeline Best efforts to make ortho imagery available online and/or ready for physical delivery within 30 days of capture completion Docusign Envelope ID: 4528A822-B741-4071-A892-7E0BF83A1376Docusign Envelope ID: 314BB1EF-30E2-4303-9342-728468164C8F Page 15 of 20 Board of Supervisors: Sylvia Arenas, Betty Duong, Otto Lee, Susan Ellenberg and Margaret Abe-Koga County Executive: James R. Williams Supplemental Imagery Capture AOI Docusign Envelope ID: 4528A822-B741-4071-A892-7E0BF83A1376Docusign Envelope ID: 314BB1EF-30E2-4303-9342-728468164C8F Page 16 of 20 Board of Supervisors: Sylvia Arenas, Betty Duong, Otto Lee, Susan Ellenberg and Margaret Abe-Koga County Executive: James R. Williams Viewing Software EagleView Cloud Explorer provides easy access to EagleView imagery in an intuitive, easy-to-use web interface that allows users to efficiently view and analyze imagery. Toolbar buttons provide fast access to application features and users can quickly locate any point of interest by panning, zooming, or with a quick search. A single click on the compass updates users to a view from an entirely different direction. Once users find their target location, they can measure, annotate, analyze and export imagery and data as a file. EagleView Cloud Explorer includes a wide range of features for Santa Clara County users, including: View Aerial Imagery • View overhead ortho and side-facing oblique images from a desired location. • Access available historical imagery by selecting any previous flights on our timeline. • Pan the current image to view the surrounding area or view a location from different directions with a single click. View more images captured from the same direction within our expansive thumbnail gallery. • Zoom in or out to show a world view, a particular country, city, community, or neighborhood. Oblique images show neighborhoods and communities in great detail. • Display images in two panes simultaneously (Dual Pane mode) and choose when to synchronize images in the two panes. • Review Early Access imagery only a few days after image capture. Search for Images and GIS Data • Search unique criteria like address, landmark name, city, or country or search by geographic coordinates (latitude, longitude). • Search for text and data within GIS layers. Analyze Images with Measurement Tools • Measure distance, height, area, elevation, slope, bearing and more. • Save and edit measurements (for example: move points, add points, move an entire measurement, or change units of measure). Annotate Images • Annotate images with text, lines, circles, polygons, or markers (icons). • Select annotation properties before or after creation. Overlay GIS Layers • Overlay images with available GIS data, including layers published through Esri REST map and feature services. • Turn layers on or off (including contour lines and street names). • Group, reorder, and rename layers in the list for easier access. • Customize the density and colors of elevation contour lines. • Perform a spatial search using the identify tool to highlight areas of important GIS data Export Images • Export the image shown in the image pane as a PDF or as a graphics file (in JPEG, PNG formats). Docusign Envelope ID: 4528A822-B741-4071-A892-7E0BF83A1376Docusign Envelope ID: 314BB1EF-30E2-4303-9342-728468164C8F Page 17 of 20 Board of Supervisors: Sylvia Arenas, Betty Duong, Otto Lee, Susan Ellenberg and Margaret Abe-Koga County Executive: James R. Williams • Set User Preferences • Set application preferences on a per-user basis. 3. Estimated Milestones/Schedule Annual Certified Ortho (Oblique included with capture) Estimated projected timeline below which may be adjusted based on Santa Clara County’s desired capture start. Docusign Envelope ID: 4528A822-B741-4071-A892-7E0BF83A1376Docusign Envelope ID: 314BB1EF-30E2-4303-9342-728468164C8F Page 18 of 20 Board of Supervisors: Sylvia Arenas, Betty Duong, Otto Lee, Susan Ellenberg and Margaret Abe-Koga County Executive: James R. Williams Supplemental 3” Frequent Ortho Estimated projected timeline below which may be adjusted based on Santa Clara County’s desired capture start. Docusign Envelope ID: 4528A822-B741-4071-A892-7E0BF83A1376Docusign Envelope ID: 314BB1EF-30E2-4303-9342-728468164C8F Page 19 of 20 Board of Supervisors: Sylvia Arenas, Betty Duong, Otto Lee, Susan Ellenberg and Margaret Abe-Koga County Executive: James R. Williams Exhibit G EagleView Licensing Agreement for Oblique Imagery, EagleView Cloud, and Related Software 1. Definitions. For the purposes of this licensing agreement (“Licensing Agreement”), the following definitions apply. a. “Authorized User” means: (i) any employee or elected or appointed official of the County or of a Partner to the Agreement authorized by County or a Partner to use the Licensed Products and Services; (ii) any additional users as may be defined in an Order Form (such as governmental subdivisions and their employees or elected or appointed officials) all of whom are considered to be agents of County for the purposes of Section 1.3; or (iii) a contractor of County, so long as County gives written notice of its intent to use such contractor to Contractor prior to being granted access to the Licensed Products and Services and, unless Contractor expressly waives such requirement for any individual, has entered into a written agreement with Contractor authorizing suc h access. b. “Confidential Information” means any non-public information that is identified as or would be reasonably understood to be confidential and/or proprietary as disclosed by a Party (“Discloser”) to another Party (“Recipient”). Confidential Information will not include information that was (a) at the time of disclosure, through no fault of the Recipient, already known and generally available to the public; (b) at the time of disclosure to Recipient already rightfully known to the Recipient without any obligati on of confidentiality; (c) disclosed to the Recipient by a third party who had the right to make the disclosure without any confidentiality restrictions; or (d) independently developed by the Recipient without access to or use of the Discloser’s Confidential Information. c. “Order Form” means a mutually agreeable order signed and dated by both Parties describing the Licensed Products and Services purchased by Customer. The Parties may enter into several Order Forms, with each Order Form made part of this Agreement. In the event of a conflict between the terms of this Agreement and an Order Form, the Order Form will prevail; provided that notwithstanding anything to the contrary, no Order Form shall exist or be effective except to the extent it is governed by this Agreement. d. “Licensed Products and Services” means oblique imagery delivered to County pursuant to th e Agreement and Contactor’s web-based applications for viewing and processing this oblique imagery, which are proprietary products, services and content, whether or not identified in an Order Form, developed and owned or licensed by Contractor, its Affiliates (defined as its directors, officers, employees, agents, representatives, advisors, and persons or entities which are controlled by or are under common control with Contractor), and/or their licensors. 2. Access to the Products and Services. Subject to County’s compliance with the terms of this Licensing Agreement and any applicable Order Form, Contractor hereby grants to County and Partners the right to access and use the Licensed Products and Services identified on an Order Form(s) for their internal business purpose (including provision of services to the public) on a limited, revocable, non-exclusive, non- transferable, perpetual basis. Unless a different term of the license grant to Licensed Products and Services is set forth in an Order Form, the right to access and use the Licensed Products and Services for its internal business purpose during the term of any Order Form(s) is the only right granted to County under this Licensing Agreement and any Order Form(s). Unless otherwise provided for in the Agreement, Contractor will have no liability for any loss or damage arising from County’s failure to comply with the terms of this Licensing Agreement. Contractor will provide County and Partners a primary administrator Account for Docusign Envelope ID: 4528A822-B741-4071-A892-7E0BF83A1376Docusign Envelope ID: 314BB1EF-30E2-4303-9342-728468164C8F Page 20 of 20 Board of Supervisors: Sylvia Arenas, Betty Duong, Otto Lee, Susan Ellenberg and Margaret Abe-Koga County Executive: James R. Williams managing and granting access to its Authorized Users. County and Partners will be responsible for activating Authorized Users through use of the Account. County, Partners, and Authorized Users are responsible for maintaining the confidentiality of all passwords. 3. Access Restrictions. Access by County, Partners, and Authorized Users to the Licensed Products and Services is subject to the following conditions: a. County will not access the Licensed Products and Services or Contractor’s Confidential Information in a way that might adversely affect the security, stability, performance, or functions of the Licensed Products and Services. b. County will not directly or indirectly: (a) resell or sublicense the Licensed Products and Services, (b) modify, disassemble, decompress, reverse compile, reverse assemble, reverse engineer, or translate any portion of the software related to the Licensed Products and Services; (c) create derivative works from the Licensed Products and Services; (d) use the Licensed Products and Services in violation of applicable law or the rights of others; (e) perform any vulnerability or penetration testing of the Licensed Products and Services, except as otherwise provided in this Agreement; (f) cause harm in any way to the Licensed Products and Services or cause Malware to harm the Licensed Products and Services;; (g) remove any proprietary notices from the Licensed Products and Services, software related to the Licensed Products and Services, documentation or any other Contractor materials furnished or made available hereunder; (h) access the software related to the Licensed Products and Services in order to build a competitive product or service; or (i) copy any features, functions or graphics of the software related to the Licensed Products and Services. c. County will not use the Licensed Products and Services in connection with any data that: (a) may create a risk of harm or loss to any person or property; (b) constitutes or contributes to a crime or tort; (c) is illegal, unlawful, harmful, pornographic, defamatory, infringing, or invasive of personal privacy or publicity rights; (d) contains any information that County does not have the right to use; or (e) use the Licensed Products and Services, or any software or documentation related to the Products and Services, in violation of export control laws and regulations. d. County, Partners, and Authorized Users shall only use the Licensed Products and Services for the use and purpose set out in this Licensing Agreement, and for no other purpose, unless mutually agreed to in writing at a later date. 4. Suspension of Access. Contractor may suspend use of the Licensed Products and Services if Contractor determines, in its reasonable discretion, that suspension is necessary to protect County or the Licensed Products and Services from operational, security, or other material risk, or if the suspension is ordered by a court or other tribunal. In such event(s), Contractor will provide written notice to County within thirty (30) days, or as much time as reasonably practicable, of the suspension. Unless prohibited by law or a court or other tribunal, Contractor will act promptly to ensure County’s access to the Licensed Products and Services resumes as soon as reasonably possible following such suspension. Docusign Envelope ID: 4528A822-B741-4071-A892-7E0BF83A1376Docusign Envelope ID: 314BB1EF-30E2-4303-9342-728468164C8F